Tom Dayton's "Green Blog" July 2009

Sometime ago, I told you about a lawsuit near Portland, Oregon that resulted in plant nurseries and other agricultural interests not allowing runoff water from their land flowing into waterways, more specifically the Tualatin River.

Even though there are now no regulations of runoff from plant nurseries (more than I know of) the time is coming when the EPA will regulate this runoff which pollutes streams and rivers with fertilizers, pesticides and herbicides. We’re fortunate in that we recycle all our water and collect rain water and snow melt water to store in our lake so that almost no water leaves the property. I am especially interested in water pollution issues as water is the essential “life blood” of our business as well as to all of us.

While this case in its scope has significant implications across the country, I think a more interesting scenario is about to unfold right here in Ohio.

The case involves a well known retailer in which the runoff water from the parking lot is laden with salt during winter and flows into a retention basin so that the water may seep into the ground without contributing to flood waters from the added runoff from the black top parking lot.

A plant nursery which is located “downstream” from the aquifer running under this retention pond is causing high salt levels in one of their irrigation ponds to the extent that the pond is unsuitable for irrigation.

Tests have revealed that the salts are originating from the property of the retailer.

What makes the case so interesting is that road salt is not regulated as a pollutant by EPA but can have profound negative effects on ground water.

Already in New England, there are areas of increasingly saline ground water due to road salt as reported recently on National Public Radio.

From my own experience as I’ve told you before, we cannot use the seemingly clear water from the Van Hyning Run that runs through the nursery property to irrigate our plants because of the high levels of salt, presumably from road salt.

The implications of regulating this or the elimination of road salt as its use as a de-icer are vast as most of us want to drive on winter roads as if it were summer and without worrying about the safety hazards to ourselves and others when roads are treacherously icy. It will be interesting to watch as the future unfolds on this salt issue.

The owner of the nursery told me that he has hired an attorney to take this case as far as it will go even if it must be heard by the U.S. Supreme Court!

I’ll keep you posted as this case unfolds.

Tom